What was Tenancy Tribunal case 4781925 about?

The tribunal order states: Tania Smith and Trevor Smith to pay [The landlord/s] $363.30 from the bond,

How much money was awarded in case 4781925?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $342.86 awarded to landlord

What type of tenancy dispute was case 4781925?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4781925?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10163917-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4781925 about?

The tribunal order states: Tania Smith and Trevor Smith to pay [The landlord/s] $363.30 from the bond,

How much money was awarded in case 4781925?

Filing Fee: $20.44 awarded to landlord; Rent Arrears: $342.86 awarded to landlord

What type of tenancy dispute was case 4781925?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 4781925?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/10163917-Tribunal_Order_Redacted.pdf.

New Zealand Tenancy Tribunal Case 4781925 — Rent arrears

Order

Claims and awards in Tenancy Tribunal application 4781925 — net $363.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 October 2023	$342.86	Rent arrears to 17 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$363.30
Bond	$600.00
Total payable by Tenant to Landlord	$363.30

Tania Smith and Trevor Smith to pay [The landlord/s] $363.30 from the bond, calculated as shown in table below.

The Bond Centre is to pay the bond of $600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $363.30 Tania Smith and Trevor Smith: $236.70

Tania Smith and Trevor Smith will check to see if they have the following items in their possession and if so they will return these items to the landlord by 6pm on Tuesday 9 April 2024: • 2 x flat aluminium baking trays • Spray pack • Petrol container • Electric sander

Tania Smith and Trevor Smith will collect the dungarees and the craft table from the landlord by 6pm on Tuesday 9 April 2024. If these are not collected then they can be disposed of as the landlord sees fit or thrown out.

All other claims are dismissed.

Reasons

Both parties attended the hearing.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 November 2023. The landlord provided rent records which prove the amount paid during the tenancy. I calculated the rent owed, taking into account the two weeks rent in advance and the notice period for the rent increase. The amount owed is agreed.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).

Some chattels may have been taken by the tenants at the end of the tenancy because they had helpers packing up for them. These items are listed in the order. The tenants agreed at the hearing to check and return any items by next week. The tenants will also collect two items from the landlord.

The tenants did not agree they took a panel heater and said they had permission to remove the sofa. No claim was made for compensation for these items.

There is a claim for the cost of a private investigator for finding a new address for the tenants. This is not a claim we usually see in the Tribunal. The landlord submitted that she was unable to file her application without providing a new address for the tenants. However, I note the landlord filed her application within the two months where she was allowed to use the tenancy address as the address for service. I find there was no need to hire an investigator. This is not a cost the tenants should pay and this claim is dismissed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

There is a claim for some tap indicators and for a replacement oven drawer. The landlord had photos showing the damage. The tenant said she was not sure if the hot and cold signs were there at the start of the tenancy, and she said the paint was worn on the warming drawer when the tenancy started. This is the landlord’s claim to prove. The landlord did not complete a property condition report at the start of the tenancy, which means the landlord cannot prove the damage happened during the tenancy. These claims are dismissed. Other orders

The money owed will be paid out of the bond.

Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.

The landlord’s application for suppression is allowed because the landlord is the most successful party. There is public interest in the tenants being named when rent is owed.

Claims and awards in Tenancy Tribunal application 4781925 — net $363.30 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 17 October 2023	$342.86	Rent arrears to 17 October 2023
Filing fee reimbursement	$20.44	Filing fee reimbursement
Net award	$363.30
Bond	$600.00
Total payable by Tenant to Landlord	$363.30

Order

Tania Smith and Trevor Smith to pay [The landlord/s] $363.30 from the bond, calculated as shown in table below.
The Bond Centre is to pay the bond of $600.00 ([Bond number suppressed]) immediately apportioned as follows: [The landlord/s]: $363.30 Tania Smith and Trevor Smith: $236.70
Tania Smith and Trevor Smith will check to see if they have the following items in their possession and if so they will return these items to the landlord by 6pm on Tuesday 9 April 2024: • 2 x flat aluminium baking trays • Spray pack • Petrol container • Electric sander
Tania Smith and Trevor Smith will collect the dungarees and the craft table from the landlord by 6pm on Tuesday 9 April 2024. If these are not collected then they can be disposed of as the landlord sees fit or thrown out.
All other claims are dismissed.

Reasons

Both parties attended the hearing.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The tenancy ended on 17 November 2023. The landlord provided rent records which prove the amount paid during the tenancy. I calculated the rent owed, taking into account the two weeks rent in advance and the notice period for the rent increase. The amount owed is agreed.

Did the tenants comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenants must leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986 (RTA).
Some chattels may have been taken by the tenants at the end of the tenancy because they had helpers packing up for them. These items are listed in the order. The tenants agreed at the hearing to check and return any items by next week. The tenants will also collect two items from the landlord.
The tenants did not agree they took a panel heater and said they had permission to remove the sofa. No claim was made for compensation for these items.
There is a claim for the cost of a private investigator for finding a new address for the tenants. This is not a claim we usually see in the Tribunal. The landlord submitted that she was unable to file her application without providing a new address for the tenants. However, I note the landlord filed her application within the two months where she was allowed to use the tenancy address as the address for service. I find there was no need to hire an investigator. This is not a cost the tenants should pay and this claim is dismissed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
There is a claim for some tap indicators and for a replacement oven drawer. The landlord had photos showing the damage. The tenant said she was not sure if the hot and cold signs were there at the start of the tenancy, and she said the paint was worn on the warming drawer when the tenancy started. This is the landlord’s claim to prove. The landlord did not complete a property condition report at the start of the tenancy, which means the landlord cannot prove the damage happened during the tenancy. These claims are dismissed. Other orders
The money owed will be paid out of the bond.
Because the landlord has substantially succeeded with the claim I have reimbursed the filing fee.
The landlord’s application for suppression is allowed because the landlord is the most successful party. There is public interest in the tenants being named when rent is owed.

Tenancy Tribunal case 4781925 — Rent arrears

At a glance

Tenancy Tribunal case 4781925 — Rent arrears

At a glance

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Dismissed claims

Order

Reasons

How much is owed for rent?

Did the tenants comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions